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HomeMy WebLinkAbout7Brew Coffee H-2026-0017 CITY OF MERIDIAN wl IDIAN;=-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND � DAHO DECISION& ORDER In the Matter of the Request for a conditional use permit for a Tier two(2) drive through establishment on 0.64 acres of land for 7Brew Coffee,Located at 3570 E.Fairview Avenue in the C- G Zoning District,by Core States Group. Case No(s).H-2026-0017 For the Planning& Zoning Commission Hearing Date of. July 2°d,2026(Findings on July 16', 2026) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 2"d, 2026, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 2nd,2026, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 2"d,2026, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 2',2026,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 1 68 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of July 2°d,2026, incorporated by reference. The conditions are concluded to be reasonable, and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning &Zoning Commission's authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of July 2nd,2026,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,acquire building permits and commence construction of permanent footings, install underground City utilities; or record a final plat. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy;the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 2 69 G. Attached: Staff Report for the hearing date of July 2',2026. By action of the Planning&Zoning Commission at its regular meeting held on the 16th day of July ,2026. COMMISSIONER MARIA LORCHER, CHAIRMAN VOTED COMMISSIONER JARED SMITH,VICE CHAIRMAN VOTED COMMISSIONER BRIAN GARRETT VOTED COMMISSIONER JESSICA PERREAULT VOTED COMMISSIONER MATHEW STOLL VOTED COMMISSIONER MATTHEW SANDOVAL VOTED COMMISSIONER DOM GELSOMINO VOTED 7-16-2026 Maria Lorcher, Chairman Date Attest: Chris Johnson, City Clerk 7-16-2026 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. 7-16-2026 City Clerk's Office Date CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 3 70 Exhibit A COMMUNITY DEVELOPMENT (✓ V L E IDIAN�- DEPARTMENT REPORT HEARING 6�'40%� 2026-Continued to 7/02/2026 Legend DATE: Project Location TO: Planning&Zoning Commission � Area i Impact = City Limits FROM: Nick Napoli,Associate Planner ®Analysis 208-884-5533 nnapoli@meridiancity.org APPLICANT: Mira Gantzert L i` SUBJECT: 7Brew Coffee H-2026-0017 LOCATION: Located at 3570 E. Fairview Avenue in !Iy ' Lot 6,Block 2 of the Centercal �1 LJJ � riTI Tl ��i Subdivision. I. PROJECT OVERVIEW A. Summary The applicant requests a conditional use permit for a Tier two(2) drive through establishment on 0.64 acres of land in the C-G zoning district. B. Issues/Waivers MPD and staff have concerns about peak hour stacking as it may back out into the private drive aisle and obstruct traffic impacting neighboring businesses. Staff is asking the Planning and Zoning Commission to carefully consider whether the stacking is adequate. C. Recommendation Planning Division: Approval with conditions. D. Decision Planning and Zoning Commission: Approved E. Table of Contents CommunityMetrics.............................................................................. II StaffAnalysis..................................................................................... III City/Agency Comments and Conditions...................................................... IV Findings............................................................................................ V Action.............................................................................................. VI Exhibits............................................................................................ VII CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 ■ Page 4 II.COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Commercial - Existing Zoning C-G(General Retail and Service Commercial District) Proposed Zoning C-G(General Retail and Service Commercial District) Adopted FLUM Designation Mixed Use Regional 0 Table 2: Proiect Overview Description Details History AZ-07-012,DA Inst#108131103,MDA-11-012(1"Addendum Inst# 111056292;2nd Addendum Inst#112026435) Acreage 0.64 acres Table 3: Process Facts Description Details Preapplication Meeting date 2/24/2026 Neighborhood Meeting 4/20/2026 Site posting date 6/8/2026 Table 4:Agency Comments Agency/Element Description/Issue Reference Ada County Highway District 0 Comments Received Yes; Staff Report - Commission Action Required No - Access E.Fairview Avenue via a Drive Aisle - ITD Comments Received No Error! Reference source not found. Meridian Public Works 0 Wastewater Distance to Mainline Available at Site Impacts or Concerns Yes; See Public Works Site Specific Conditions Meridian Public Works Water 0 Distance to Mainline Available at Site Impacts or Concerns None Note: See section 0. City/Agency Comments&Conditions for comments received or see the public record.Paste the following link into your browser to access the public record: https://weblink.meridiancity.org[WebLinkBrowse.aspx?id=442334&dbid=0&repo=MeridianCity CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 5 72 III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History The subject property was annexed in 2007 and subdivided in 2011 as a part of the Centercal Subdivision.With the annexation application, a development agreement was approved with a concept plan consistent with the building location as proposed. B. General Overview This property is designated as Mixed-Use Regional(MU-R)on the Future Land Use Map (FLUM). The use of a drive through coffee shop(restaurant)is consistent with the comprehensive plan for the MU-R designation. The subject site is among a wide range of commercial uses in the Centercal Subdivision(The Village at Meridian) and surrounding area near the intersection of Fairview Avenue and Eagle Road. The proposed use of a restaurant with a drive-through aligns with the desired uses specified within the Mixed-Use Regional designation in the Comprehensive Plan, as noted above. In conjunction with the already approved retail,restaurants,recreation facilities, etc. in the broader area,the proposed use satisfies the general Mixed-Use Regional future land use designation for this area. A restaurant is a permitted use in the C-G zoning district but a Tier two(2)drive through requires a conditional use permit. The proposed restaurant and drive through are required to comply with UDC 11-4-3-11 and 11-4-3-49. The applicant is proposing a 910 square foot drive-through restaurant designed to accommodate seven(7)vehicles in the stacking lane. They have indicated the intended hours of operation are 5:00 am to 11:00 pm, 7 days a week with the possibility of going 24/7 if the demand is there for extended hours of operation. In addition,the applicant has indicated that 713rew typically has 10- 15 employees per shift with an average of 400 customers per day. The applicant's narrative states that their business model of using"runners"instead of a traditional menu board for ordering will speed up the process and prevent queuing from backing up into drive aisles and roads. Staff and the Meridian Polic Department expressed concerns about overflow stacking. As a result, the applicant provided a transportation study from a 713rew location in Santa Rosa California. This provided data showing approximately 77 vehicle trips per hour. In addition,they included queuing data for 12 similar 713rew locations which show the average maximum queue of 7.4 vehicles per lane with wait times varying based on employee count at each location. The applicant also indicated in the event of an emergency,that they would have customers go into the escape lane;however,they do not anticipate needing to do this regularly. C. Comprehensive Plan Policies Policy Analysis "Encourage and support mixed-use The subject mixed-use area is currently a diverse and active areas that provide the benefits of being community,featuring a variety of retail,restaurant,office,and able to live,shop,dine,play,and work residential uses,as well as a multi-family development further north.. in close proximity,thereby reducing The proposed coffee restaurant will enhance this vibrant area by vehicle trips,and enhancing overall adding a popular drive-through coffee chain option for area residents, livability and sustainability."(3.06.02B) especially those living in nearby residential developments.The new establishment will also create job opportunities for nearby residents. "Promote area beautification and The applicant will be required to complete the 35-foot landscape community identity through context buffer along E.Fairview Avenue.In addition,they will landscape the sensitive building and site design internal drive aisle coming off Fairview Avenue. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 6 73 principles,appropriate signage,and attractive landscaping."(5.01.02C) "Reduce the number of existing access No new access points are proposed with this development. They will points onto arterial streets by using use an existing private drive aisle to get access to their site. methods such as cross-access agreements,access management,and frontage/backage roads,and promoting local and collector street connectivity." (6.01.02B) M "Require all development to be The proposed use of a drive-through and restaurant is consistent with consistent with Future Land Use Map the Future Land Use Map.The commercial designation allows for a designations for the property." variety of office,retail,employment,restaurants,and service uses in (3.03.03D) which this project will fill in one of the last available pad sites at the Village. "Require pedestrian circulation plans to Along the entire frontage of E.Fairview Avenue,there is an existing ensure safety and convenient access 10-foot-wide pathway located within the buffer.A 5-foot-wide across large commercial and mixed-use detached sidewalk is also present within the landscape buffer along developments."(3.07.02A). the private drive aisle to the west.The development requires a minimum 5-foot-wide sidewalk adjacent to all commercial buildings and along the main driveways within the site.These sidewalks will facilitate pedestrian connectivity and easy access throughout the mixed-use development. D. Site Development and Use Analysis Proposed Use Analysis (UDC 11-2): The proposed use of a restaurant and drive-through establishment aligns well with the Mixed- Use Reginal(MU-R)future land use designation,which supports a blend of residential, commercial,and recreational uses. By offering service options within proximity to both residential areas and existing commercial developments,this project contributes to the community's overall livability and sustainability. Specifically,it adheres to Policy 3.06.02B, which encourages and supports mixed-use areas that provide the benefits of living, shopping, dining, and working nearby,thereby reducing vehicle trips. Additionally,the proposal is consistent with Policy 2.09.00,which encourages creating positive,vibrant, and accessible commercial activity centers. The establishment's location adjacent to N. Eagle Road and within the Centercal Subdivision enhances its accessibility and supports the commercial landscape, fulfilling the need for such amenities in the immediate and broader community. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. Specific Use Standards (UDC 11-4-3): Drive-Through Establishment UDC 11-4-3-11 and Restaurant UDC 11-4-3-49: Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment.All establishments providing drive-through service are required to identify the stacking lane, menu, and speaker location(if applicable),and window location on the site plan. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the following standards: CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 7 74 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles, and the public right-of-way by patrons. Designated pick-up or pull forward parking stalls may be required if the decision-making body determines that the stacking capacity if insufficient. The proposed restaurant features a drive-through lane with space to queue seven (7) vehicles along with an escape lane, outside of the drive-through lane. The drive-through itself starts at the north side of the building and exits at the south side,facing east. The concept plan also shows that the stacking lane is separate from the drive aisles and parking, however, staff has some concerns about peak hour stacking as it may back out into the private drive aisle and obstruct traffic impacting neighboring businesses. However, the applicant meets the minimum requirements for queuing length and has provided additional data from other locations as discussed above in Section III.B. Staff is asking the Planning and Zoning Commission to carefully consider whether the stacking is adequate. 2) The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lanes are separate from the circulation lanes for parking, however staff still has concerns that vehicles could block the main entrance waiting to enter the drive- through. 3) The stacking lane shall not be located within twenty(20) feet of any residential district,use or dwelling; The stacking lane is not located within 20'of any residential district or residence. 4)Any stacking lane greater than one hundred feet(100) in length shall provide for an escape lane. Each stacking lane and designated escape lane shall have a minimum width of ten feet(10'). The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed around the entire building. 5) The site shall be designed so that the drive-through is visible from a public street, or other readily accessible public space,for surveillance purposes. The drive-through is located starting on the north side of the building and ending on the south side of the building. The drive-through is visible from E. Fairview Avenue along the southside of the building for surveillance purposes. 6) The minimum stacking lane capacity shall be six(6)vehicles per land for tier 2 or tier 3, and two(2)vehicles per land for tier 1. The proposed tier 2 drive through has a proposed capacity of seven (7)vehicles. This exceeds the minimum standards for code, however, staff is asking the Planning and Zoning Commission to carefully evaluate whether this is adequate capacity given the layout of the site. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 8 75 7)All drive-throughs shall submit a queuing exhibit demonstrating vehicle stacking per the lane capacity standards in subsection(13)(6). Each vehicle space within the stacking lane shall be based on a vehicle length of twenty feet(20'). The applicant has indicated the cars depicted in the drive through are 20 feet in length and meet this standard. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11- 4-3-49 Restaurant,which requires at a minimum, one(1)parking space to be provided for every 250 square feet of gross floor area(see parking analysis below). If queuing and parking are shifted as recommended by staff,the parking will move on-site and will still meet UDC standards. The Applicant did not provide information on how many proposed indoor seats and patio seats will be provided to accommodate customers. E. Design Standards Analysis 1. Landscaping (UDC 11-3B): i. Landscape buffers along streets UDC Requirement Proposed/Anal sis Entry Way Corridor: The landscape buffer exists,however,a portion of it on the 35 Feet corner has not been installed and is proposed to integrate with the existing landscaping.The applicant did not provide vegetation coverage calculations and details on ground coverage material. These details shall be provided with the certificate of zoning compliance application. ii. Parking lot landscaping Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-313-8. The majority of the parking is existing as a shared parking for the Village at Meridian; however, the applicant is removing three(3)parking stalls and is proposing to put in a new planter island which meets the requirement for parking lot landscaping. In addition, the applicant has provided seven (7)feet of hangover. iii. Tree preservation Per UDC 11-313-10,Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred(100)percent replacement(Example: Two (2)ten- inch caliper trees removed may be mitigated with four 5-inch caliper trees, five(5)four- inch caliper trees, or seven(7)three-inch caliper trees). If any existing trees are removed during construction they shall be mitigated for. The applicant shall provide mitigation calculations with the submittal of the certificate of zoning compliance and design review application. iv. Storm integration An adequate storm drainage system shall be required in all developments in accord with the city's adopted standards, specifications and ordinances. Design and construction shall follow Best Management Practice as adopted by the city. v. Pathway landscaping CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 9 76 The pathway landscaping was installed with subdivision improvements for Centercal Subdivision. The applicant shall preserve and protect this landscaping during construction. 2. Parking (UDC 11-3C): Nonresidential parking analysis UDC Requirement Proposed/Analysis Specific Use Standards: The applicant's building is 910 square feet which would Restaurants: 1 Parking require four(4)parking stalls.The proposed property Stall per 250 Square Feet three(3)new stalls and has several already built on the of Gross Floor Area property as apart of the Village at Meridian.With the existing shared parking agreement for the Village at Meridian,the applicant exceeds the parking requirements. Bicycle parking analysis A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C. The applicant has provided one (1) bicycle parking space meeting the UDC standard for bicycle parking. 3. Building Elevations (Architectural Standards Manual): Goal 2.09.03A of the Comprehensive Plan highlights establishing distinct,engaging identities within commercial and mixed-use enters through design standards to integrate commercial, multifamily,and parking areas with existing neighborhoods. In response,the developer has submitted conceptual building elevations for the proposed structure as shown in Section VII.C. Building materials consist of stucco, stone veneer, aluminum panels, and glazing. The conceptual building elevations appear to meet guidelines set forth in the Architectural Standards Manual. However,final building design will be subject to the commercial design guidelines and will be reviewed with the design review application. F. Transportation Analysis 1. Access (UDC 11-3A-3, UDC 11-3H-4): Access is proposed off a commercial drive aisle that connects to E. Fairview Avenue. This access point leads into the parking lot of the Village at Meridian and then into the 7 Brew drive through. Staff has concerns that at peak hours/visit times for the Village at Meridian that existing parking may have conflicts with stacking if it extends beyond the seven(7)cars shown in the stacking lane. As a result of these concerns,the applicant provided a transportation study from a 713rew location in Santa Rosa California. This provided data showing approximately 77 vehicle trips per hour. In addition,they included queuing data for 12 similar 713rew locations which show the average maximum queue of 7.4 vehicles per lane with wait times varying based on employee count at each location. The applicant also indicated in the event of an emergency, that they would have customers go into the escape lane;however,they do not anticipate needing to do this regularly. If this becomes a regular occurrence,the applicant would need to apply for a Tier 3 Drive Through establishment. The amount of stacking meets the UDC requirements; however, staff is asking the Planning and Zoning Commission to carefully consider whether it is adequate given the existing conditions in the surrounding area. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page10 77 Pedestrian Connectivity (UDC 11-3A-5, UDC 11-3A-8, UDC 11-3A-17): The applicant has provided a pedestrian connection from the existing sidewalk on the east side of the commercial drive aisle. This then connects to a crossing to the main building. The applicant has proposed the crossing to be concrete,which will be delineated from the primary driving surface of the drive through. G. Services Analysis Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. CITY/AGENCY COMMENTS& CONDITIONS Meridian Planning Division 1. Future development of this site shall comply with the previous conditions of approval and terms of AZ-07-012,DA Instrument#108131103; PP 11-012;MDA-012 (I't Addendum Inst. All 1056292; 2nd Addendum Inst.#112025435)and the conditions contained herein. 2. The site plan and/or landscape plan, as applicable, shall be revised with the certificate of zoning compliance application as follows: - All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. - Depict signage ahead of each pedestrian crossing in the drive-through lane notifying drivers to watch out for pedestrians. - The applicant shall submit an overflow stacking exhibit to show where additional cars will be placed if stacking exceeds the seven(7)cars proposed. 3. Hours of operation shall be between 5:00 am and 11:00 pm. 4. Show six(6)parking stalls designated as overflow or pull Lap parking with the certificate of zoning compliance and design review application. 5. Compliance with the standards listed in UDC 11-4-3-49 and 11-4-3-11 is required. This project is approved as a tier 2 drive through and shall comply with the tier 2 standards. 6. Preserve and protect the existing landscaping along E. Fairview Avenue during construction, per UDC 11-3B-10. 7. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page I I 78 of the site and structure shall comply with the standards listed in UDC 11-3A-19;the design standards listed in the Architectural Standards Manual and with the Development Agreement. 8. The conditional use permit is valid for a maximum period of two (2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 12 79 Meridian Public Works Wastewater Dlstance tb Sewer Available at Site Services Sewer Shed Estimated Project See appllcatlon Sewer ERU's • WRRF Declining Dal-arkm + Pro)mCorrsistent Y25 with WW Master P1 an/Facility Plarp + ImpactVroncerns See Public Works Site Specific Conditions Water ............................................ • Dlstanee to Water Available at Site Services a PreSsureZorle + Estimated Project See application Water ERU's a Waterquality None a Protect Consistent Yes with WV kter Master plan + rmpactslConcerns NtSRP.- CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 13 80 Ada County Highway District(ACHD) Nlrv;mp,C, P mi +4'�••�-ems v°�,-r�-.�+^ti ACHDe.ex uwurarw,cnrm�rvr�r r vaar1,kK wr,car-,w,-0M• +may�,saw To.- #,ioro GWAZWL Vtar woo Coro S1a66a GtaW 1R157? r AY,IrFA Soup Kent.WA 96M SAJB t MER2&0051M-2026"oo17 3570 E FeirArw cure 7E;mw Coffee Thn Ada County h4pwft Drwim iACMD)has rvvw*uc Ira C kn~rrppiww1 ' hw Ih*rpp+icaltorr rOi�r rrr7r t R WO haS deWmmec slat MaP.are no ffnpr04ffvW.n%r" by UV 841104MV SU"Afgrk The Kpirant Shall tse rgryuirpd 1(p i PayalraRfcffgW?n:tROO'.II II Fewaq uesbonsnnvdlrYplhe"Mc.npW too pleaseoonW ACH13's Impact Fee AdmrrmLramr at Inapt rler.&wpd4aho.orfl .2 If apt,a sralfie rupee Rae shas he aaaaeaed by Acko and*IN be tlue pnor In Me mx arvea of a buik&N permit by 1W boed ageneyr. This ie a separate mvwm prunes and d Rs lt+e apRRrcaffa rerpenrlh idy la suhrm plane dlraclly HS ACRID ] P*yvtWt tin be W4 ray*!ftj pho M by cnllvV(2M$ X7T 8174 Cr cpn ho mnV deliwrhd 1b H* folowwq oddness- Ak19 Con rnty n9hurep Mastro Alm.Dsvel wwd 9enwlcea Salle.ID 0X1* f arOrrCO Me Cie nWnbe*ir40vb'.'W rnokwV taro µaymgnt • �Fdad*NBIh u Fees are subject Ro cPonge-Knot paid:prior 1a Ounbw 1" A LI w4 pwymvntR we mkMM to A 316 prpomoi rp fa* c All e- etls payments ere sub w a$1.50 prccsaring fee Surwrm O O w"uiv appruaUr reouem for any proxaw orlvoaao Nwevoy Alvroao wawa can be kkW4 QI mws:IiTwOBrC aftho.org.wmyDftrewayAppmaCJS 5 Gomp+y WHO all ACHD poses ana ACHD SUMVd Ca dI1-X4 or AWOr al br any Woft"T'a"M or ~Mark in Ole ft#1R 9f.wsy 6 00"s pumlCla+snywQ*In thefVhltrhwft prW to the oRrvwcii)n.""If.or Ira9altsW11 of any rardway Inr¢avemerda�mr ,'Culler,Okliewalk.pavemwK wKWnrrrg,dnw ways,cuhmrle,etc.). connecring you to more aft QMr Av N W.rr gwr wq-Mort MruuM wmo-pbak O-am-PH 3MMLgm-M mt-lm ru-rrrvMrae�rwrMO FINDINGS Conditional Use(UDC 11-5B-6E) The commission shall base its determination on the conditional use permit request upon the following: CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 14 81 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds with the proposed modification to allow for six(6)pull up/overflow parking that the site is large enough to accommodate the proposed use and meets all dimensional and development regulations of the recommended C-G zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds the proposed restaurant and drive through use will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IV of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the design, construction, operation and maintenance of the proposed use should be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section IV of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures, refuse disposal,water,and sewer. The Commission finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. The Commission finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: This finding is not applicable. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 ■ Page 15 10. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. 11. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. ACTION A. Staff: Staff recommends approval of the proposed CUP application and finds it in conformance with the Comprehensive Plan,UDC with the conditions included in Section IV. and Findings in V. Commission: The Meridian Planning&Zoning Commission heard this item on June 18th and July 2"d. 2026. At the public hearing.the Commission moved to approve the subject conditional use Hermit reauest. 1. Summary of the Commission public hearing a. In favor: Mira Gantzert,High Crawford,Brenton Jackson,Bill Burton. b. In opposition: None C. Commenting: None d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission: a. The Planning and Zoning Commission had considerable concerns regarding the lack of overflow stacking. With the site constraints and the existing landscape in the immediate area,the commission directed the applicant to gather additional data and propose a solution to the stacking concerns brought up at the June 18t'hearing. As a result,the applicant provided additional information and proposed to have six(6)_parking stalls dedicated for 713rew to use as pull up parking in the event that stacking extends into the drive aisle. 4. Commission change(s)to Staff recommendation: a. The Planning and Zoning Commission approved the application with the following changes: - Show six(6)parking stalls designated as overflow or pull up parking with the certificate of zoning compliance and design review application. - Hours of operation shall be between 5:00 am and 1 1:00 pm. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page16 83 EXHIBITS Project Area Maps Aerial Legend Project Location Area of Impact Analysis 77 alit e PrRAP 1R. 9 ru CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 17 84 Zoning . ! Legend 111' Ilrll� - �s{n��nln. �■Inl u■Iml ■1 --gal umlllru_ ect Location `-�jln,allure rr.y 0 • -• of • •ct r' Analysis a111IInn� �1 .i:• a ��� • II inln a.■.4r� .. W Ili ,f IOu 11111u1 ,. . -■llaaa//I �r+flllp• a W FA•I RYIIE W � - F/1�Inln■1111! ■nllrll r+ CCG • ' = =iiiiiiiiiii/�j� �� r Inrt11►�/� yes �.laoavy�p♦a 1 1•y PINE 1� Future f Use er�•�� � ar■1 IIIIIII 11^ -1�- � SEE Legend I•�LIII._uu V'� ��nul.,1•nnai -_10Project Location ' - • Analysis Area of Impact BDensm • - I K 111 nll ■1 ' o - o nllun.^ nnul rrr.■r■ rn��n :■■■■■■�:r r�rr n/f1■ Idr ♦.4 � ii �■Inlrinl�r � i� I - 0 Density - • • - • - • Densit • - FAIRVIE -onimercial -Disity CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW � 1111111►►►I � - llllll rS�f+ `+`� O - �la/..1111►� � .Illllr � ■111_ II IRllq��l�h y\�4nrenlTi_I Illn llllllllfllM� PINE- D DECISION&ORDER CASE • H-2026-0017 Page 18 F 85] Planned Development Map Legend r_ ' ®® Project Location ® � City Limits Planned Parcels Area of Impact ® Analysis , r r i ® . r P � 1 L`1 i CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 19 86 Service Accessibility Tool(Existing Conditions) Overall Score: 2 th Percentile Criteria .'-Description Location In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel Floodplain Either not within the 100 yr floodplain or > 2 acres Emergency Services Fire Response time > 9 min. Emergency Services Police Reporting District meets response time goals most of Pathways Within 114 mile of current pathways Transit Within 114 mile of current transit route Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets plan) School Walking Proximity From 112 to 1 mile walking School Drivability Either a High School or College within 2 miles OR a Park Walkability Either a Regional Park within 1 mile OR a Community CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 20 87 Subject Site Photos -71 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 21 88 Site Plan(date: 5/14/2026) pRELMNARy 5rrF PLAN ME STATES N - —-- -FE— MMS Pa Ii EFrYIw AYE u(ifd f ] � FPE1lNNRY Sfl£FlAM r,owr � 162 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 22 89 Landscape Plan(date: 5/14/2026) PRELM NARY LANDSCAPE PLAN DORE STATES IR Z : -- IN9W Wl1 WICbC.•l£RNI Lt CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 23 Fgol Building Elevations(date: 5/14/2026) ❑ 1 4i f s` l - mW dt 2 A6.2 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 Page 24 F91 ADDITIONAL NOTES &DETAILS FOR STAFF REPORT MAPS, TABLES,AND CHARTS (link to Community Metrics) One-Mile Radius Existing Condition Notes This data is automatically derived from enterprise application and GIS databases, and exported dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30- days.Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel based data excludes certain properties and represents land as it exists now. Properties considered are only those with a total assessed value greater than 0(i.e. excludes most HOA area,transitional development, government,and quasi government facilities). The following values also constrain included property acreage to reduce outliers and non-conforming instances from distorting averages: R-2<5.0; R-4<2.0; R-8< 1.0; R-15 <0.5; R-40<0.25. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. Some approved entitlements, and particularly older ones,may be constructed. Decennial population counts and household counts are based on the most recent Decennial Census. Current population and current household values are COMPASS estimates,usually for the year previous, and are based on traffic analysis zone boundaries(TAZ's). Service Assessment Notes This data represents existing conditions derived from our enterprise application and GIS database, exported through dynamic reporting. The system references the most recent available data from various sources, including sewer main lines, sewer trunk sheds, floodplain,fire service areas and response times,police crime reporting,pathway information,existing and planned transit, roadway improvements, school and park proximity, and other resources. The tool provides context for project review,using multiple indicators consistently. Data from similar topics may vary based on different levels of review. The overall score is based on weighted criteria(not a ranked order), and the percentile score compares the parcel to others in the city(higher is better). This tool was developed as a City Council priority and outcome of the 2019 Comprehensive Plan. Scores,whether high or low, are just one data point and should not be the sole basis for decisions. ACHD Roadway Infographic Notes The Ada County Highway District utilizes a number of planning and analysis tools to understand existing and future roadway conditions. Existing Level of service(LOS).LOS indicator is a common metric to consider a driver's experience with a letter ranking from A to F. Letter A represents free flow conditions, and on the other end Level F represents forced flow with stop and go conditions. These conditions usually represent peak hour driver experience. ACHD considers Level D, stable flow,to be acceptable. The LOS does not represent conditions for bikes or pedestrians,nor indicate whether improvements: are possible; if there are acceptable tradeoffs; or if there is a reasonable cost-benefit. Integrated Five Year Work Plan (IFYWP). The IFYWP marker(yes/no) indicates whether the specified roadway is listed in the next 5-years. This work may vary, from concept design to construction. Capital Improvement Plan(CIP). The CIP marker(yes/no)indicates whether the specified roadway is programmed for improvement in the next 20-years. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2026-0017 ■ Page 25